scholarly journals Collective Bargaining Misjudged: The Marikana Massacre

Obiter ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 39-56
Author(s):  
Saul Porsche Makama ◽  
Lux Lesley Kwena Kubjana
Keyword(s):  
South Africa ◽  
Collective Bargaining ◽  
Armed Forces ◽  
Status Quo ◽  
Colonial Period ◽  
Modern Times ◽  
The Status ◽  
Tragic Event ◽  
Good For ◽  
The Right

The tradition of violence during collective bargaining processes in South Africa (particularly during a strike) can be traced back to the colonial period, where the struggle for better employment terms and conditions was conflated with the struggle for freedom from political oppression, apartheid and the colonial regime. An example in this regard is the Sharpeville uprising. In this case, the State’s reaction to the uprising was to call upon the armed forces to quell the situation, and in the process, lives and limbs were lost; nobody was held accountable for this. This was surely a bad legacy to leave for modern times! However, fifty-two years later, South Africa experienced a déja vu moment in the form of the Marikana massacre, which was also chillingly reminiscent of the massacre by apartheid police at Sharpeville in 1960. The writing of this article is informed by the need to avoid another Marikana massacre. The authors bemoan the manner in which this tragic event was handled and argue that, with the right attitude and the right application of resources, the massacre could have been avoided. The authors also lament the approach employed in dealing with the aftermath of the Marikana massacre and conclude that the status quo gives credence to the saying that “an apple does not fall far from the tree”. The prosecution of the perpetrators is delayed, no compensation is given to bereft families, and it remains to be seen who was at fault, even after a “good-for-nothing” yet costly Commission of Inquiry has completed its task.

scholarly journals ANALISIS YURIDIS HAK EIGENDOM VERPONDING SEBAGAI JAMINAN KEBENDAAN

2020 ◽  
Vol 2 (1) ◽  
pp. 38-55
Author(s):  
Irman Widi Kurniawan ◽  
Etty Mulyati ◽  
Betty Rubiati
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Status Quo ◽  
Legal Certainty ◽  
Proof Of Ownership ◽  
The Status ◽  
The Right ◽  
Legal Consequences ◽  
Legal Force

ABSTRAKDi dalam bagian kedua UUPA mengatur tentang pelaksanaan konversi hak atas tanah menjadi wujud kepastian hukum sebagaimana ketentuan Pasal 33 ayat (3) UUD 1945. Namun kepastian hukum terhadap konversi Hak atas tanah barat terutama sertifikat Hak Eigendom Verponding masih menjadi problematika tersendiri bagi masyarakat yang memiliki bukti kepemilikan hak atas tanah barat tersebut apabila dijadikan sebuah jaminan guna memperoleh fasilitas kredit. Metode penelitian yang digunakan ialah yuridis normatif dengan kajian bahan hukum primer, sekunder serta tersier. Berdasarkan pembahasan tersebut bahwa Kepastian Hukum terkait konversi hak Eigendom Verponding telah memiliki kekuatan hukum mengikat dengan ketentuan diperlukan konversi sehingga dapat dijadikan objek jaminan namun dalam prakteknya masih terdapat objek jaminan dengan tidak memperhatikan asal mula objek jaminan tersebut serta akibat hukum terhadap konversi hak atas tanah tersebut adalah pemberlakuan UUPA menjadi dasar bahwasanya prinsip status quo hak atas tanah terdahulu memberikan jaminan kepastian hukum dengan ketentuan hak-hak lama menjadi tidak diakui keberadaannya. Kata Kunci: hak atas tanah; hak barat; kepastian hukum jaminan; konversi ABSTRACTIn the second section of the UUPA regulates the conversion of land rights into a form of legal certainty as stipulated in Article 33 paragraph (3) of the 1945 Constitution. But the legal certainty of the conversion of the Right to western land, especially the Eigendom Verponding Rights certificate, remains a problem for people who have proof of ownership of the western land if it is used as a guarantee to obtain credit facilities. The research method used is normative juridical with the study of primary, secondary and tertiary legal materials. Based on the discussion that legal certainty related to the conversion of rights Eigendom Verponding has had a binding legal force with the necessary provisions of conversion so that it can be used as an object of guarantee but in practice there is still an object of guarantee by not taking into account the origin of the object of the guarantee and the legal consequences of the conversion of the right to land is the enactment of the UUPA being the basis that the principle of the status quo of the former land rights provides a guarantee of legal certainty with the provisions of old rights to be unclaimed civility. Keywords: conversion; guarantee legal certainty; land rights; western rights

scholarly journals Prawo małoletnich do wolności od hazardu, uzależnienia od Internetu i gier komputerowych

2020 ◽  
Vol 6 ◽  
pp. 47-75
Author(s):  
Wioletta Pawska
Keyword(s):  
Sense Of Belonging ◽  
Status Quo ◽  
The Internet ◽  
Gaming Addiction ◽  
Online Environment ◽  
Parents And Children ◽  
The Status ◽  
Legislative Changes ◽  
The Right

The Right of Minors to Freedom from Gambling and Internet andGaming Addition The aim of the article is to highlight the dangers of gambling and Internet and gaming addiction of minors and young persons. The author is convinced that in the absence of positive legislative changes and if creators of games engaging young persons in gaming are not punished, children will not be safe in the online environment. There will not have any other lives than those in the games they play. Additionally, the most important thing is the role of the parents, guardians and teachers. They should talk to children about the problem, show them the dangers and organise better their free time – in an educational and carefree way. In accordance with the obligatory rules of custody, they should ensure them suitable development, safety and a sense of belonging. The teachers ought to support these activities. Summarising, if the status quo continues to be tolerated, minors and young person’s will be deprived of carefree life and suffer from harm and even sudden deaths. The author is sure that parents and children do not give enough attention to that and we should not take away from young person’s the joy of simple things letting them play in the Internet instead.

Accommodations

Outsiders ◽  
2019 ◽  
pp. 111-134
Author(s):  
Zachary Kramer
Keyword(s):  
Civil Rights ◽  
Status Quo ◽  
Meaningful Change ◽  
Common Experience ◽  
Exchange Of Information ◽  
The Status ◽  
The Common ◽  
The Right ◽  
Vexing Problem

Accommodations are a common feature of life, but a vexing problem in civil rights law. To accommodate is to disrupt the status quo, to regard another, to recognize one’s needs and humanity. Accommodations can be a powerful thing. Even brief accommodations are an exchange of information, which become crucial experiences, as they force us to reckon with a harsh truth: The idea that all people are created equal is a legal command, not a practical description. We all have different needs and capabilities, different beliefs and wants. We accommodate not to erase these differences but to respect them. As a vehicle to realize our ambitions, and a functional means to make equality real for everyone in need of respect, accommodations are a way to bring outsiders in. As a result, accommodation is the antidote to modern discrimination. As we turn inward, as individuality becomes the common experience, accommodation is the right tool for our time. It is a means of making meaningful change.

A Delicate Balance: Religious Autonomy Rights and lgbti Rights in Australia

2015 ◽  
Vol 10 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Charlotte Baines
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Status Quo ◽  
The Other ◽  
Faith Communities ◽  
Human Right ◽  
The Status ◽  
Research Gap ◽  
The One ◽  
The Right

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.

scholarly journals Science is perception: what can our sense of smell tell us about ourselves and the world around us?

2010 ◽  
Vol 368 (1924) ◽  
pp. 3491-3502 ◽  
Author(s):  
Jennifer C. Brookes
Keyword(s):  
Signal Transduction ◽  
Scientific Inquiry ◽  
Status Quo ◽  
Quantum Mechanical ◽  
The World ◽  
The Status ◽  
The Right ◽  
Sensory Processes ◽  
Scientific Tool ◽  
Mechanical Phenomena

Human sensory processes are well understood: hearing, seeing, perhaps even tasting and touch—but we do not understand smell—the elusive sense. That is, for the others we know what stimuli causes what response, and why and how. These fundamental questions are not answered within the sphere of smell science; we do not know what it is about a molecule that … smells. I report, here, the status quo theories for olfaction, highlighting what we do not know, and explaining why dismissing the perception of the input as ‘too subjective’ acts as a roadblock not conducive to scientific inquiry. I outline the current and new theory that conjectures a mechanism for signal transduction based on quantum mechanical phenomena, dubbed the ‘swipe card’, which is perhaps controversial but feasible. I show that such lines of thinking may answer some questions, or at least pose the right questions. Most importantly, I draw links and comparisons as to how better understanding of how small (10’s of atoms) molecules can interact so specially with large (10 000’s of atoms) proteins in a way that is so integral to healthy living. Repercussions of this work are not just important in understanding a basic scientific tool used by us all, but often taken for granted, it is also a step closer to understanding generic mechanisms between drug and receptor, for example.

scholarly journals Z PROBLEMATYKI PRZEKSZTAŁCENIA PRAWA UŻYTKOWANIA WIECZYSTEGO W PRAWO WŁASNOŚCI

2017 ◽  
Vol 3 (2) ◽  
pp. 63
Author(s):  
Adam Brzozowski
Keyword(s):  
Local Governments ◽  
Current System ◽  
Common Knowledge ◽  
Rational Solution ◽  
Status Quo ◽  
The State ◽  
Property Right ◽  
Special Cases ◽  
The Status ◽  
The Right

From the Problems of a Transformation from Perpetual Usufruct to Property RightSummaryAn analysis of a normative state and a practice of a conduct of legal transactions with reference to legal regulations of perpetual usufruct and also of a transformation of this right into property right permits a statement that in Polish Law there came into being a system of norms completely unintelligible, excessively complicated, internally contradictory, bureaucratic and too costly for the national budget, local governments and perpetual usufructuaries. The primary cause of the status quo was the lack of a clearly defined objective at which the legislator was aiming. Expediency was implemented at the expense of system principles. It led to interventions of the Constitutional Tribunal. The legislator hedged, made successive provisions not only internally contradictory but also arousing new doubts as to their compliance with the Constitution of the Republic of Poland.It seems that the only rational solution of the status quo is to forego the right of perpetual usufruct by enfranchising perpetual usufructuaries. However, it has to be a regulation based on foundations completely different than these hitherto existing.The transformation should cover all perpetual usufructuaries, regardless of the mode and the time of their acquisition of this right, and should ensue ex lege. This would result in a significant simplification of a construction of the transformation. Given a tremendous interest of perpetual usufructuaries in the transformation, it would significantly reduce the amount of office labour and attendant costs incurred by them. At the same time affranchisement would become universal. Further simplification and lowering costs of transformation would require that entries in mortgage registers should be evidenced ex officio at the time of the first transaction relating to a given mortgage register. Since affranchisement in a discussed mode would cover all perpetual usufructuaries ex lege, it would be obvious that persons evidenced in a register as perpetual usufructuaries are property owners until a new entry is made.There should be no exception from the basic principle of universality of affranchisement of perpetual usufructuaries. It has to be assumed that land charged with perpetual usufruct has not been indispensable for the hitherto existing owner (the State Treasury, local government units) in order to perform their basic tasks. In special cases these units may employ an expropriation.The most difficult problem of the hitherto existing regulations faced has been the question of compensation due to hitherto owners from the fact of a loss of ownership as a result of a transformation. I propose to regulate these settlements in such a way that an enfranchised perpetual usufructuary should be charged with such performances as he was charged with hitherto as a perpetual usufructuary. In other words: he would be charged with an obligation to pay annuity during a period for which he has been granted, the right to perpetual usufruct, transformed into property right. In exchange for a performance, which in any case he would have to provide as per agreement, the former perpetual usufructuary would obtain a better right - property right. According to the proposition under discussion, the regulation would have a system character, in a long-term it would allow to effect such a reform of public finances that hitherto existing owners could perform their assigned tasks financing them from performances of a tribute type, and not from perpetual usufruct. One would have to consider the advisability of maintaining in force the principles of determining an amount of an annuity. It seems that instead of the current system (expensive and inefficient) there should be introduced a principle of a yearly raising of annuity according to a rate of inflation.It’s common knowledge that appreciable part of immovables of the State Treasury and municipal immovables originate from different kinds of „expropriations” carried out in the period of PRL [People’s Republic of Poland]. To secure claims of former owners I propose to create a special fund, meant for indemnities satisfying these claims, from obligatory written off amounts gained from receipts from former perpetual usufructuaries.

scholarly journals Think Piece: Learning, Living and Leading into Transgression – A reflection on decolonial praxis in a neoliberal world

2020 ◽  
Vol 36 ◽  
Author(s):  
Injairu Kulundu ◽  
Dylan Kenneth McGarry ◽  
Heila Lotz-Sisitka
Keyword(s):  
South Africa ◽  
Sustainability Education ◽  
Status Quo ◽  
The World ◽  
The Status ◽  
To Come ◽  
Human Actors ◽  
Embodied Practice

Three scholar activists from South Africa reflect on what it means to transgress the limits of a neoliberal world and its crisis times, particularly considering transgressions in the service of a decolonial future. The authors explore three questions: i) What kind of learning can help us transgress the status quo? ii) How do we extend this learning into a commitment to actively living in transgressive ways? iii) What does it mean to lead in ways that re-generate a transgressive ethic in a neoliberal world? In a dialogical conversation format, the authors outline nine different but interconnected perspectives on learning, living and leading into transgression, with the aim of concurrently revealing the multiple layers of work that a decolonial future depends on, while demonstrating the ambitions of a pluriversal decolonial future through their writing. The intertwined narrative is not conclusive, as the processes marked out in brief are experiences that still need to be fully practised in new relations in times to come within academia-in-society-and-the-world with human and more-than-human actors. However, they do offer a generative set of questions, concepts and metaphors to give courage to boundary-dwelling scholar activists attempting transgressive research. These reflections seek to regenerate the transgressive ‘decolonial gestures’ (decolonialfutures.net) that we can undertake in a neo-liberal world, as an important part of environment and sustainability education practices. It draws out what an embodied practice of transgressive learning can entail when we become discerning of hegemonic discourses that reproduce the status quo. We pay homage to those decolonial scholars in the field of environment and sustainability education as we traverse this terrain, recognising their imagination and the transgressive movement that has come before us, but importantly we seek to also open pathways for those yet to come.

Military Politics and Democratic Transition: Combining Rationality, Culture, and Structure

2020 ◽  
Author(s):  
Hicham Bou Nassif
Keyword(s):  
Democratic Transition ◽  
Armed Forces ◽  
Status Quo ◽  
The Political ◽  
Democratic Transitions ◽  
Political Dynamics ◽  
The Status ◽  
Multiple Material ◽  
Transitional Times ◽  
Military Politics

Rationality, culture, and structure provide useful insights into military politics by stressing self-centered motivations, norms, and large impersonal forces, respectively. The armed forces can transform popular uprisings into democratic transitions, or, alternatively, uphold the status quo. Furthermore, officers can allow nascent democratic experiments to consolidate, or they can resurrect authoritarianism. Whatever they choose to do, multiple material and ideational factors will inform their agency, and by extension, the political dynamics unfolding in transitional times.

Time to agree on a conservation benchmark for Australia.

2012 ◽  
Vol 18 (2) ◽  
pp. 69 ◽  
Author(s):  
Matt W Hayward
Keyword(s):  
South Africa ◽  
New Zealand ◽  
National Park ◽  
Fire Management ◽  
Conservation Management ◽  
Status Quo ◽  
Use Case ◽  
Inadequate Knowledge ◽  
Sydney Harbour ◽  
The Status

WELL defined goals are critical to successfully achieve outcomes and monitor the success of achieving them, yet conservation agencies rarely explicitly state the goals of their management activities with appropriate metrics. Here I use case studies on the conflicting conservation management focus of the Sydney Harbour National Park at North Head, the legislative impediments of bridled nailtail wallaby conservation management, the planning for broadscale habitat connectivity programmes such as Habitat 141, fire management for the conservation of the quokka and the broader Kimberley landscape, and mesopredator suppression using dingoes to highlight the problems with inappropriate conservation benchmarks. I compare these issues with activities from South Africa, India, New Zealand and Poland to illustrate the benchmarks other nations have. I conclude that Australia urgently needs an explicit conservation benchmark upon which to aim our conservation efforts and excuses of inadequate knowledge can no longer be accepted for maintaining the status quo.

The Role Of Women In Society: The Bodo Women

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 269-276
Author(s):  
Dr. Oinam Ranjit Singh ◽  
Eliah Islary
Keyword(s):  
Significant Contribution ◽  
Colonial Period ◽  
Human Society ◽  
Normal Position ◽  
Cultural Economic ◽  
Modern Times ◽  
The World ◽  
The Status ◽  
Growth Development

Throughout in the history, women have been made significant contribution towards the growth, development and sustainability of human society as a whole. Women constitute almost half of the population in the world. However, their enjoyment of rights equally with that of men is far from satisfactory. In every society from ancient to modern times, women are considered as the property of men to serve their interest in both society and domestic front. The position of women always plays a significant role in the growth and development of any society in the world. Assam is a land of numerous tribes having different ethnic and linguistic background since the time immemorial. Among them, the Bodo/Boro are numerically and sociologically one of the most important aboriginal tribes in Assam. Role of Bodo women were confined to her being a wife and a mother as has been depicted in the inscriptions. Yet the historiography on that period confined the study the Status of Bodo women in her society in a various concern areas. The paper is made a humble attempt to highlight the importance of the status of Bodo women or their normal position in the field of socio-cultural, economic, and religious perceptions in the society in the colonial period.

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